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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2968
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Color and price aren't actionable representations about product

6 months agoIndustries / Law : 43(B)log

Boris v. Wal-Mart Stores, Inc., No. CV 13–7090 2014 WL 1477404 (C.D. Cal. Apr. 9, 2014) Plaintiffs sued Wal-Mart for deceptively marketing Equate Migraine and Equate Extra Strength Headache Relief (Equate ES). Both allegedly have the...Show More Summary

7-year ad campaign triggers Tobacco II's reliance rules

6 months agoIndustries / Law : 43(B)log

Dodson v. Tempur–Sealy International, Inc., No. 13–cv–04984, 2014 WL 1493676 (N.D. Apr. 16, 2014) Plaintiffs brought twenty-four claims under the laws of eleven states. The alleged misrepresentations were that Tempur products are “formaldehyde...Show More Summary

claims about conduct's legality don't violate Lanham Act

6 months agoIndustries / Law : 43(B)log

Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 11–cv–775, 2014 WL 1456347 (M.D. Fla. Apr. 14, 2014) Previously, there have been several opinions in this false advertising case between competitors in the urine testing market. Here, Millennium won summary judgment on some parts of the case. Show More Summary

Disparagement creates Lanham Act standing post-Lexmark

6 months agoIndustries / Law : 43(B)log

First Mariner Bank v. Resolution Law Group, P.C., 2014 WL 1652550, No. MJG–12–1133 (D. Md. Apr. 22, 2014) FMB sued RLG for false advertising, unfair competition, and defamation, based on ads send to FMB customers. The ads stated “that...Show More Summary

court certifies nationwide damages class for homeopathic products

6 months agoIndustries / Law : 43(B)log

Forcellati v. Hyland’s, Inc., No. CV 12–1983, 2014 WL 1410264 (C.D. Cal. Apr. 9, 2014) Plaintiff sued for violation of New Jersey, California, and Missouri consumer protection laws (and breach of warranty), alleging that defendants misrepresented...Show More Summary

claim proceeds against allegedly scammy publishing company now owned by Penguin

6 months agoIndustries / Law : 43(B)log

James v. Penguin Group (USA) Inc., 2014 WL 1407697, No. 13 Civ. 2801 (S.D.N.Y. Apr. 11, 2014) Plaintiffs sued Penguin and Author Solutions, a Penguin company, for breach of contract, unjust enrichment, and violation of California, NY, and Colorado consumer protection law. Show More Summary

John Oliver covers Pom Wonderful and other false advertising issues

6 months agoIndustries / Law : 43(B)log

And unsurprisingly, it's a fantastic summary! Starts around 15:27.

Bait and switch advertising isn't TM infringement

6 months agoIndustries / Law : 43(B)log

Sussman-Automatic Corp. v. Spa World Corp., --- F. Supp. 2d ---, 2014 WL 1651953 (E.D.N.Y. Apr. 25, 2014) Sussman sued Spa World and its principals for bait-and-switch advertising. They allegedly purported to sell Sussman’s “Mr. Steam” steam shower and spa products on their website and over the phone but never stocked Sussman products. Show More Summary

is noncompliance with FDA definitions inherently misleading?

6 months agoIndustries / Law : 43(B)log

The FDA just issued a rule for nutritional claims about DHA and EPA. Explanation here. Some of the comments objected to the proposed rule on First Amendment grounds, and the FDA’s response is of interest. Basically, there’s a special...Show More Summary

eCigarette advertising: past is prologue

6 months agoIndustries / Law : 43(B)log

Smithsonian National Museum of American History Dr. Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the same issues on his trip to the East Coast) Note: I’m just going to stuff Dr. Show More Summary

A bit more on Pom

6 months agoIndustries / Law : 43(B)log

I wonder whether this was the first Supreme Court brief featuring a color picture? Also, I should probably add a tag for Pom, same as I have for Google. Feels a bit like giving in, though.Anyway: Transcript of oral argument, for those who prefer not to read secondhand postmortems. Show More Summary

Reading list: consumer protection

6 months agoIndustries / Law : 43(B)log

Reading list: Dee Pridgen, Wrecking Ball Disguised as Law Reform: ALEC's Model Act on Private Enforcement of Consumer Protection Statutes, 39 New York University Review of Law & Social Change (2015). Abstract: The consumer protection...Show More Summary

I'm interviewed about Aereo

6 months agoIndustries / Law : 43(B)log

In which I give my take on Aereo, albeit briefly and for a general audience. My pet theory is that the best way for the Court to rule for the broadcasters without screwing too much up would be to distinguish between avoidance of the cable retransmission rules and evasion, like the distinction between tax avoidance and tax evasion. I doubt that will happen, though.

Pom Wonderful post-argument

6 months agoIndustries / Law : 43(B)log

I'll be speaking at this AU Washington College of Law event, which will be webcast (follow the link).Panelists: Brian Boynton, Partner, Wilmer Hale Rebecca Tushnet, Professor, Georgetown Law School Samuel Gedge, Associate, Wiley Rein LLP Moderated by Prof. Show More Summary

Adam Levitin responds to General Mills

6 months agoIndustries / Law : 43(B)log

Here: By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third-parties, you agree to irrevocably surrender all rights to compel me to arbitration or to waive my rights to proceed against you as a member of a class action. Show More Summary

A couple of Google v. Garcia amicus briefs

6 months agoIndustries / Law : 43(B)log

Int’l Documentary Ass’n brief, now with actual evidence on standard contracts! Makes a nice pair with Netflix’s brief, which cogently criticizes Kozinski’s entirely typical reliance on “facts” not in the record about what standard entertainment contracts are like.

ordinary consumer goods jump on the lawsuit waiver bandwagon

6 months agoIndustries / Law : 43(B)log

We all knew it was only a matter of time. Apparently not sure that merely buying a product with a lawsuit waiver on the wrapper would work, GM now seeks to bind consumers who visit its website or "like" its page. Speaking of "unfairness," FTC...

The ASA on insufficiently close comparisons

6 months agoIndustries / Law : 43(B)log

The ASA found Made.com's ad misleading for claiming "FURNITURE DIRECT FROM THE MAKERS By the time the average sofa hits the high street it's been marked up by 500%. Agents, importers and wholesalers all add a little extra along the way. Show More Summary

FDA has a standard, so no Lanham Act claim can be made

6 months agoIndustries / Law : 43(B)log

OraLabs, Inc. v. Kind Group LLC, 2014 WL 1395954, No. 13–cv–00170 (D. Colo. Apr. 10, 2014) The court adopted the magistrate judge's recommendation to deny Kind leave to amend its counterclaims to add a Lanham Act false advertising claim. Show More Summary

conflict mineral disclosure unconstitutional, DC Circuit rules

6 months agoIndustries / Law : 43(B)log

National Association of Manufacturers v. Securities and Exchange Commission, No. 13-5252 (D.C. Cir. Apr. 14, 2014) If we needed an example of how the First Amendment can reinstate Lochner, this would be a good one. Here we have a regulation,...Show More Summary

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